10 April 2019
In late March 2019, American comic book publisher DC Comics filed a notice of opposition with the European Union’s office of intellectual property against a trade mark application made by Spanish La Liga soccer team Valencia.
The objection is against the team’s adoption of its centennial logo (see the comparison below).
DC Comics are reported to have claimed there was a “likelihood of confusion” with some of the iterations of Batman’s symbol.
A spokesman for the soccer club is reported to have said:
“We are not going to stop using the bat because DC Comics says it, there is no commercial brand that has a worldwide exclusive on bats….When this club played with a bat in the chest, in the United States they were chasing bison.”
Valencia’s club crest has included a bat since the club’s establishment in 1919.
The current style of the bat wings was first used in 1921. This is 18 years before Batman first appeared in Detective Comics #27 in 1939.
The etymology of the mark is interesting: a bat sits atop the City of Valencia’s coat of arms. The use of a bat in Valencia’s heraldry is believed to have commenced in 1238, when King James of Aragon besieged Valencia during the latter stages of the Reconquista.
Legend has it a bat landed on top of James’ banner. Upon James conquering Valencia, the bat was added to the city’s coat of arms.
DC Comics previously attempted to take legal action over the use of a bat five years ago, claiming it infringed their trade mark on the Batman action hero logo.
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Disclaimer: The information published in this article is of a general nature and should not be construed as legal advice. Whilst we aim to provide timely, relevant and accurate information, the law may change and circumstances may differ. You should not therefore act in reliance on it without first obtaining specific legal advice.
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